104
Dictating the Internet:
of the Constitutional Court governing the Court’s Procedures’ entered into
force, prohibiting “the distortion of facts or laws in the (Constitutional) Court’s
orders or judgments, or criticism of the Court’s orders or judgments in bad
faith, or using rude, sarcastic, provoking or threatening words” allowing for
prosecution under section 39 of the Organic Law, at the risk of the abovenoted penalties.383
Case of Watana Muangsook
In August 2017, opposition politician and former commerce minister of
Thailand, Watana Muangsook was given a suspended one-month prison
sentence and fined THB 500 (approx. USD 16.50) for contempt of court
for using Facebook’s live video streaming app, ‘Facebook Live’, on court
premises.384 Watana was found to have violated sections 30 and 31 of
the Civil Procedure Code. He was also ordered to remove the video clip
from his Facebook account.385
In August 2017, Watana had broadcasted on Facebook Live at the Criminal
Court, making comments on a case unrelated to the case he was there
for, where he had expressed support for another opposition politician.386
The contempt of court verdict was handed down amidst other cases
under sedition and incitement laws and the CCA ongoing against him.387
Cases of Kovit Wongsurawat and Sarinee Achavanuntakul
In August 2019, Associate Professor of political science Kovit Wongsurawat
was summoned by the Constitutional Court to meet with its SecretaryGeneral of Office for an alleged “inappropriate” post he had made on
his Twitter account in June 2019.388 In the Tweet, Kovit had criticized
the Court for being “beyond shameless” with respect to a pending case
before it where it had not suspended the Members-of-Parliament from
their political duties, even as they were alleged to have stocks in media
companies, while the court had previously revoked the MP status of
383 ICJ communications with partners.
384 Bangkok Post, ‘Facebook lands Watana in contempt’, 22 August 2017, Available at: https://www.
bangkokpost.com/thailand/politics/1310591/facebook-lands-watana-in-contempt
385 Ibid.
386 Prachatai, ‘Junta critic gets 1 year suspended jail term for contempt of court’, 22 August 2017,
Available at: https://prachatai.com/english/node/7337; iLaw, ‘Case: Watana Muangsook’, Available
at: https://freedom.ilaw.or.th/en/case/801#progress_of_case
387 Ibid. See also HRW, October 2019, pp. 63 to 67.
388 Bangkok Post, ‘Facebook lands Watana in contempt’, 22 August 2017, Available at: https://www.
bangkokpost.com/thailand/politics/1310591/facebook-lands-watana-in-contempt